Accident at work

saz88_2

Hi there I wonder if anyone has any advice? My other half recently had an accident at work whilst doing his job. He broke a bone and as a result was off work for 2 weeks. When he returned his boss asked him to attend a disciplinary meeting where the outcome was that he lost any bonus, pay rise, potential promotion or transfer and can be immediately dismissed in the next 12 months if he is absent for any length of time regardless of the reason. He is in the process of appealing the decision. Thoughout the disciplinary meeting the manager just kept stating that the accident (which they acknowledge happened and was caught on cctv) was not the companies fault. That is pretty much their response on anything he asks. The reason for his disciplinary though is because he had too much time off work apparently after having the accident. His argument is that he was off work due to having an accident whilst at work. Their response is that its not their fault.
Has anyone else experienced anything similar? We think the whole situation is very unfair. He has also found out that other people working for the same company have had similar accidents, been off for longer and had no disciplinary.

maninthestreet

How long has you OH worked for this employer?
Can you supply details of this accident?
Was the accident recorded in the relevent accident book?

dickydonkin

You need to provide more information on how the accident occured.

I just wonder if this is the employers ploy to frighten your OP into not progressing a claim for compensation.

It happens.

saz88_2

Hi there,

He has worked there about 1.5 years (will double check). The accident was recorded in the accident book. It occured as he was helping a customer with a large item of furniture out to their car. Basically he asked a colleague to help him move the furniture as it had to be wheeled out to the car and was a 2 man job. His colleague relucantly assisted (he wanted to watch football and was due on his break) and when they wheeled the trolley over the door mat the furniture (a table I think) slipped and fell on his hand. He broke his thumb and tore several ligaments and where his thumb was cut it became infected.

Apparently there are 7 people suing the company at the moment from that store (its a large well known retailer).
He has already said that this outcome has changed his mind and he is now considering if he can sue.

KiKi

saz88 wrote: »

Hi there,

He has worked there about 1.5 years (will double check).

In which case, they cannot just dismiss him any time in the next 12 months. They still have to follow due process. Two weeks off in one year - then, say another two days a year later, would not be seen as reasonable by an ET.

When he had his disciplinary, did they follow the right process? Was he notified why he was being disciplined, and offered the opportunity to bring a TU rep or colleague with him?

He has already said that this outcome has changed his mind and he is now considering if he can sue.

Sue for what? Has he incurred any losses? I wouldn't pursue this route, it will be the end of any positive relationship with the employer.

KiKi

saz88_2

Yes they followed procedure. He was told the disciplinary was due to the amount of absence. He took a colleague into the meeting with him.
Yes re the last point, I think it would be unlikely he will take it further. He is just incredibly upset with the situation. In terms of losses though, wouldn't he be able to sue for his loss of income from being disciplined?
At the end of the day, he really doesn't want to sue or lose his job. He just wants treating fairly.

getmore4less

There seem to be some H&S issues, they need to be followed up.

insecure loads and handling training as a minimum.

If he was not paid while off then there are loses.

also needs to get checked out for permanent damage to the hand.

Looks to be some scare tactics to keep him quiet.

dickydonkin

saz88 wrote: »

Hi there,

He has worked there about 1.5 years (will double check). The accident was recorded in the accident book. It occured as he was helping a customer with a large item of furniture out to their car. Basically he asked a colleague to help him move the furniture as it had to be wheeled out to the car and was a 2 man job. His colleague relucantly assisted (he wanted to watch football and was due on his break) and when they wheeled the trolley over the door mat the furniture (a table I think) slipped and fell on his hand. He broke his thumb and tore several ligaments and where his thumb was cut it became infected.

Apparently there are 7 people suing the company at the moment from that store (its a large well known retailer).
He has already said that this outcome has changed his mind and he is now considering if he can sue.

That possibly confirms my earlier assertion that they are using scare tactics in an effort to dissuade taking this further.

With other safety issues ongoing as well, it is possible that the outlet may now be on the local enforcing authority's and head office's radar - assuming they have reported the incident(s) under RIDDOR legislation and another safety failing may not bode well.

The fracture of the thumb in itself is not reportable under RIDDOR - however, if the injury resulted in losing over seven days of work (not including the day of the incident - but includes days that your partner would not normally work such as weekends), then by default, it becomes reportable.

Regarding the accident, I wonder if the trolley used was suitable for the task.

Your partner did the right thing by requesting assistance however, if the company are not providing approriate handling equipment for the tasks, then potentially this incident was reasonably foreseeable and the employer should have made provisions for such a task.

Therefore potentially, there may be an element of negligence by the employer.

Just out of curiosity - the company is not B&Q by any chance?

mazza111

Any accident at work should be reported to DWP if it causes an absence of over a few days. I would advise to do it. I had an accident at work which resulted in me being off work for a few days, manager didn't put it in accident book, staff have no access to accident book :mad: Now years later I'm left hobbling around because of that injury. So although a broken thumb may not seem a lot now, it could cause him problems in later life. Because I knew the exact date of my accident, DWP have no ruled that it was an industrial accident. So if I get worse in later years, I may be entitled to an industrial injuries benefit.

SueC_2

mazza111 wrote: »

Any accident at work should be reported to DWP if it causes an absence of over a few days.

Are you sure about that?

Poppy9

It doesn't seem fair that he's losing his bonus for being off sick due to an accident so therefore his employer is causing him a loss.

I assume he's not in a union?